Houston Advocate Fix: Homeowner at odds with HOA will be allowed to keep security door

Charles Babineaux installed security doors to protect his property after neighbors in his Harris County subdivision were having their doors kicked in and their belongings stolen. The Brunswick Meadows Homeowners Association board had asked him to remove the bars on the front door, but recently reversed its decision following a Houston Advocate story. (Mayra Beltran | Houston Chronicle)

Charles Babineaux, whose tug-of-war with his Harris County HOA was the subject of the Chronicle’s March 16 Houston Advocate story, learned this week that he can keep his security door.

According to a letter from the Brunswick Meadows Homeowners Association, the board of directors voted to allow any security door that was installed prior to July 1, 2010, which was the date AMI Houston took over HOA management.

In 2007, Babineaux was among the first homeowners in the subdivision – on Harris County’s south side toward Pear­land. The area became a target for thieves who kicked in doors to steal new appliances and other valuables.

At the time, his homeowners association told him to take whatever precautions he deemed necessary to protect his home. So, the METRO bus driver had wrought-iron security doors installed on the front and rear entrances of his house. The metal barrier facing the street also has a tinted background panel.

But recently, a new regime managing the HOA told him to remove the fortification from the front of his home.

“They say it makes the neighborhood look unsafe. They say people ride through the neighborhood and they don’t want to move in, but people are trying to save their houses,” Babineaux told the Advocate.

There was nothing found in HOA files indicating that a previous board gave Babineaux the go-ahead on the security doors, but he’s not alone. At least two other home­owners have installed burglar bars because of crime issues.

Officials said earlier this month they were working on a resolution even though a deed restriction barred the security door.

When Babineaux opened his mail Monday, he had a letter from AMI Houston.

His violation case has been closed.

“I appreciate the homeowners association and [president] Mr. Michael Johnson for working with me. I am glad to see this matter is solved,” said Babineaux, 57. “I just wanted them to leave me alone about my door.”

8 Responses

What possible business is it of anyone elses? If I paid to “own” a house, i plan to actually own it. That is why I don’t own a house and never will. If crime gets too bad for me at my apartments, I can just move. You don’t have that freedom if you own a house. If you paid all that money to own the house, you should be able to do whatever the heck you want, including running a repair shop or raising pigs.

Yes, the board could not the paradox of i) either there was no “breach of restrictive covenant” or ii) there was a “breach of restrictive covenant” and the four year statute of limitations passed.

The reality is that it doesn’t matter what authority the management company has led this board to believe it has (don’t think for a moment that the management company isn’t trying to create legal disputes in the subdivision). Whether or not the SOL applies has nothing to do with when the management company was engaged.

There was no evidence proffered that security doors were prohibited in any way. The complaint was that the victim here (Babineaux) allegedly needed to obtain but had not obtained “permission” from an architectural committee. That’s it.

Never trust a letter from a self-proclaimed management company. Often HOA management companies operate without the knowledge or consent of the board. The industry will claim that the management companies operate only under the direction of the board. Not true. They spend a lot of time trying to usurp authority from the board and taking great liberties with whatever authority was granted to them. Oftentimes the management company contracts provide for the management company to get paid for each “notice of violation” sent out – so the management companies have created a financial incentive for themselves to flood subdivisions with accusations that owners have breached restrictive covenants. HOA management companies have been engaging in the unauthorized practice of law for years.

Thank goodness Mr. Babineaux was not interested in catering to the whims of the management company, the HOA board, nor its “architectural committee”. This is just another example of how foolish the mindless pursuit of “aesthetics” is. Although potentially profitable for the management company, this “policy” only made home ownership undesirable, unpleasant, and even dangerous. People don’t buy homes to please random “neighbors” nor for the benefit of HOA management companies.

Because of HOA lack of common sense they create more problems than they solve. If they do not like the iron doors then they should take action to reduce the crime. Maybe they could become another gated community or hire full time security. Or they could let everyone put up bars instead ignoring reality and endangering the homeowners. They should be serving, not ruling.

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Welcome to the Chronicle's Houston Advocate blog, written by reporter Cindy George. The Advocate is the newspaper's consumer affairs and government watchdog column, with a mission to expose unfairness and help set things right for our readers.
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